Source: All England Reporter
Publisher Citation: [2007] All ER (D) 214 (Jan)
Neutral Citation: [2007] EWHC 36 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Owen J
Representation Mary Aspinall-Miles (instructed by Shentons) for the appellant.
  David Reid (instructed by the Crown Prosecution Service) for the prosecution.
Judgment Dates: 26 January 2007

Catchwords

Road traffic - Driving while unfit to drive through drink or drugs - Special reasons for not disqualifying - Driving eructating whilst giving specimen of breath - Whether elevated level of mouth alcohol capable of amounting to special reason - , s 34.

The Case

The district judge had been wrong to conclude that eructation while providing a specimen of breath, which it was alleged had caused an elevated level of mouth alcohol, was incapable of amounting to a special reason as to why the appellant should not be disqualified for driving a motor vehicle having consumed excess alcohol.

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